Mr T Mcinerney v Sword Construction UK Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103759/2023 5 Held via Cloud Video Platform (CVP) in Edinburgh on 27 September 2023 Employment Judge R King Mr T Mcinerney Claimant 10 In Person Sword Construction UK Ltd Respondent 15 Represented by: Mr P Lappin - Senior Legal Consultant

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 20 The Judgment of the Tribunal is that the claim is dismissed on the ground that it is time barred.

REASONS Introduction

1. The claimant has presented a claim for unpaid holiday pay in the sum of 25 £6,187, which he claims the respondent failed to pay him on the termination of his employment. The respondent denies that the claimant was an employee or a worker during his engagement with it and therefore it denies he is owed any holiday pay at all. In any event it asserts in the first place that his claim is time b...

2. Section 30 of the Working Time Regulations 1998 provides that any claim for unpaid holiday pay must be presented before the end of the period of three 4103759/2023 Page 2 months beginning with the date on which the payments should have been made or within such period as the Tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint ...